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State supreme court justice addresses Rotary

by Matthew Weaver<br>Herald Senior Staff Writer
| April 11, 2008 9:00 PM

Fairhurst speaks before Moses Lake audience

MOSES LAKE - Members of the Moses Lake Noon Rotary heard about the Washington State Supreme Court from someone who knows.

Supreme Court Justice Mary Fairhurst spoke before the club's meeting Wednesday afternoon at the Moses Lake Golf and Country Club.

Fairhurst opened by giving background about the court system and the decision-making process of the state Supreme Court, the highest court in Washington.

The Supreme Court and the Court of Appeals are the appellate courts, Fairhurst explained, and then there are the trial courts, including municipal, district and superior courts.

"Someone eventually loses and the losing party in Washington has the ability to appeal, as a matter of right, to the Court of Appeals," Fairhurst said, noting three courts of appeals are based in Seattle, Tacoma and Spokane.

After the court of appeals, residents have the option to ask the state Supreme Court for a review.

"The only matters we hear automatically are direct review of death penalty sentences and matters where they are trying to order a public officer (to) do something," she explained. The court also has jurisdiction over attorney and judge discipline.

Every other case the Supreme Court hears is discretionary.

"What we look for are issues of statewide public significance, if there's a conflict between the court of appeals, if something's been ruled unconstitutional, if there's some confusion because of the statutory language," Fairhurst said. "We hear every possible type of case you can imagine. Every subject matter can come to us."

Fairhurst also addressed the subject of domestic violence, which she said is a very misunderstood issue. As part of her work, Fairhurst served on two statewide summits on domestic violence.

"It's a question of the perpetrator trying to dominate and control the other person, and it's very easy to say, 'Why don't they leave? Why would anyone stay?'" Fairhurst said. "If you were to touch hot water, you would immediately pull your finger out. But if you were just to have an egg sitting in lukewarm water, not going to jump out. Then the heat comes up. That's OK. Pretty soon, it's in boiling water, doesn't even know how it got there, doesn't know what happened, can't imagine that they are in this situation."

Often, victims find themselves inexplicably in such a relationship, which is so dominating and controlling and comes in cycles, escalating from the "honeymoon" stage into greater violence.

"The person can't believe it, but they have been told they're worthless, they're stupid, 'No one will believe you,'" Fairhurst said. "They often aren't allowed to work outside the home, they don't have any money, and they start to believe it, because this is what they're living with, this is what they are hearing all the time."

Domestic violence cuts across all demographics, including ages, races, socio-economic classes and orientations, she said.

"It is a very serious, complicated problem," she said. "It is very important to have in your community safety nets for the victims to go to. They have to make the decision, you can't make the decision for them. I encourage you to think about ways you can be supportive. It's very important not to be judgmental. Until you have walked in those shoes, you don't have any idea how it feels to be in those shoes."

Fairhurst concluded by thanking the club members for the difference they make every day in Moses Lake, Grant County, the state, the nation and the world.

Columbia Basin Herald Publisher and Rotary member Harlan Beagley invited Fairhurst to speak before the club.

"We are very proud to have Justice Fairhurst in Moses Lake," Beagley said. "She's kicking off her campaign for re-election and it's good to be included in her travels in the state. It's good for our community to hear first-hand about the Supreme Court and some of their decisions."

Fairhurst's presentation gave Rotary members and community members a chance to ask questions and find out what the court is doing, Beagley added.

Fairhurst also participated in a no-host social at Michael's On The Lake later in the evening.