Thursday, August 7, 2014

Conflicts Among Wash. Court of Appeals Divisions

Unlike the federal circuits, the Washington Court of Appeals is a "unitary system"—one court that sits in three divisions, not three separate courts. But sometimes panels from two divisions disagree with each other, so there can be conflicting precedent. What's a trial judge to do? And how should counsel frame their arguments to the trial court?

Learn more about the problem and possible solutions in: Mark DeForrest, In the Groove or in a Rut? Resolving Conflicts Between the Divisions of the Washington State Court of Appeals at the Trial Court Level, 48 Gonz. L. Rev. 431 (2013).

Map of Washington Court of Appeals divisions from Washington Courts website
For practical help on working with precedent in Washington, see Kelly Kunsch, Stare Decisis—Everything You Never Realized You Need to Know, 52 Wash. St. B. News, Oct. 1998, at 31, HeinOnline