I’ve been asked for advice about the position of Washington State Supreme Court Justices. Lita and I, even though we are attorneys, had the same problem because, without being in current touch, we couldn’t make reasoned choices. The only exception was the race involving Debra Stevens, the incumbent, over Ted Bloom. We knew she was an excellent justice on the bench and should be re-elected. For the other positions, I consulted attorneys I trust for advice. The response I’ve received from informed attorneys was that Colleen Melody is a clear choice over Scott Edwards.  In the Jaime Hawk versus David Stevens race, most favored Jamie Hawk. The Birk versus Sean O’Connell was described as a “coin toss,” but the majority of those I got advice from felt Birk is a better “gamble” than O’Connell as a good justice to have on the bench.  It was a clear Choice for Theo Angelis by those I consulted over Dave Larson. That’s what I learned and perhaps it will help.

For the first time since we became a state we have passed a law adopting an income tax. A “Yes” vote on Initiative 645 would repeal a tax of 9.9% on incomes exceeding one million per year starting in 2028.  A “No” vote keeps the tax in place.

I think it is highly likely the voters will approve Initiative 645 and allow a Washington state income tax. To start with, It’s labeled with a deceptive title, “The Millionaires Tax.” Promoters deliberately omitted a significant word in the title of this proposal: “INCOME Tax,” but emphasized “Millionaires.” The drafters of this initiative in opposition did a poor job of writing the initiative, which is confusing as to the impact of a “yes” or “no” vote on approval or rejection.  The Legislature incorporated in the bill ending some taxes by  voters while promoting the amount of money to be generated through a tax only on wealthy millionaires as an incentive to approve the tax. The promoters conceal any acknowledgment that once the door is opened to the adoption of an income tax, it can and certainly will include every citizen in Washington. This bill isn’t primarily concerned with millionaires. It’s hidden, but primary objective is allowing a state income tax for the first time in Washington’s history. As William Shakaspeare said “It may look like th’ innocent flower, But be the serpent under’t.”

Is there any rational Washington voter who really believes that once the door is opened to imposing an income tax, the legislature is only going tax the wealthy? Worse, has the Legislature ever eliminated an existing tax  because a new tax has been generated? We will have an income tax plus gasoline tax, sales tax and any other tax now in place as well as an income tax. That’s why people and corporations are leaving the state. The legislators have over and over failed to  control spending that exceeds the budget but instead have looked for new ways  to raise more taxes to pay over-budget costs. Former governor Christine Gregoire has recently said: “When you know how much revenue you’re going to get next year and you intentionally spend beyond that, you have a problem. I would suggest that we do not really have an income problem; we have a spending problem. We find ourselves at the end of every legislative session in the hole and projected to be in the hole in the future.”

Former Governor Gary Locke has pointed out that there is “an open and utter lack of budget discipline” in Olympia, noting that lawmakers are using one-time funds to create permanent programs without sustainable long-term funding.

Giving the legislature the power to impose an income tax on anyone is putting a loaded gun in a child’s hands. The repeal initiative is very likely to be defeated. We then have to rely upon a correct interpretation of the Washington State Constitution which prohibits an income tax. The election of members of the Supreme Court could be crucial in that regard. That’s why this year’s election is so important.