formal separation of powers clause (Washington) · Go Syfert
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formal separation of powers clause in Washington

27 Washington opinions name it 2 courts 2006–2022 3 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Carrick v. Lockegreen
wash · 1994 · cited in 16 Washington opinions naming this issue, 2006–2022
2 sentences

2022Separation of Powers The Washington Constitution does not contain a formal separation of powers clause, but “ ‘the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.’ ” Brown v. Owen, 165 Wn.2d 706, 718 , 206 P.3d 310 (2009) (quoting Carrick v. Locke, 125 Wn.2d 129, 135 , 882 P.2d 173 (1994)).

2022Separation of Powers The Washington Constitution does not contain a formal separation of powers clause, but “ ‘the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.’ ” Brown v. Owen, 165 Wn.2d 706, 718 , 206 P.3d 310 (2009) (quoting Carrick v. Locke, 125 Wn.2d 129, 135 , 882 P.2d 173 (1994)).

216
Brown v. Owengreen
wash · 2009 · cited in 15 Washington opinions naming this issue, 2009–2022
2 sentences

2022Separation of Powers The Washington Constitution does not contain a formal separation of powers clause, but “ ‘the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.’ ” Brown v. Owen, 165 Wn.2d 706, 718 , 206 P.3d 310 (2009) (quoting Carrick v. Locke, 125 Wn.2d 129, 135 , 882 P.2d 173 (1994)).

2020Though “[o]ur constitution does not contain a formal separation of powers clause[,] . . . ‘the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.’” Brown v. Owen, 165 Wn.2d 706, 718 , 206 P.3d 310 (2009) (quoting Carrick, 125 Wn.2d at 135 , and citing WASH.

215
Brown v. Owengreen
wash · 2009 · cited in 15 Washington opinions naming this issue, 2009–2022
2 sentences

2022Separation of Powers The Washington Constitution does not contain a formal separation of powers clause, but “ ‘the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.’ ” Brown v. Owen, 165 Wn.2d 706, 718 , 206 P.3d 310 (2009) (quoting Carrick v. Locke, 125 Wn.2d 129, 135 , 882 P.2d 173 (1994)).

2020Though “[o]ur constitution does not contain a formal separation of powers clause[,] . . . ‘the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.’” Brown v. Owen, 165 Wn.2d 706, 718 , 206 P.3d 310 (2009) (quoting Carrick, 125 Wn.2d at 135 , and citing WASH.

215
Putman v. Wenatchee Valley Medical Center, PSgreen
wash · 2009 · cited in 2 Washington opinions naming this issue, 2014–2014
2 sentences

2014Their contention is unavailing. ¶45 Washington’s constitution “does not contain a formal separation of powers clause, but ‘the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.’ ” Putman, 166 Wn.2d at 980 (internal quotation marks omitted) (quoting Brown v. Owen, 165 Wn.2d 706, 718 , 206 P.3d 310 (2009)).

2014Washington's constitution "does not contain a formal separation of powers clause, but 'the very division of our government into different branches has been presumed throughout our state's history to give rise to a vital separation of powers doctrine.'" Putman. 166 Wn.2d at 980 (internal quotation marks omitted) (quoting Brown v. Owen. 165 Wn.2d 706, 718 , 206 P.3d 310 (2009)).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Osloond neutral
washctapp · 1991
2 sentences

2021Osloond, 60 Wn.

2020Osloond, 60 Wn.

32015–2021
In Re the Salary of the Juvenile Director green
wash · 1976
2 sentences

2011While our constitution does not contain a formal separation of powers clause, “the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.” Carrick v. Locke, 125 Wn.2d 129, 135 , 882 P.2d 173 (1994) (citing In re Salary of Juvenile Dir., 87 Wn.2d 232, 238-40 , 552 P.2d 163 (1976)).

2011While our constitution does not contain a formal separation of powers clause, “the very division of our government into different branches has been presumed throughout our state’s history to give rise to a vital separation of powers doctrine.” Carrick v. Locke, 125 Wn.2d 129, 135 , 882 P.2d 173 (1994) (citing In re Salary of Juvenile Dir., 87 Wn.2d 232, 238-40 , 552 P.2d 163 (1976)).

22011–2011
Walker v. Munro green
wash · 1994
2 sentences

2009Nevertheless, "[w]hen directing a writ to the Legislature or its officers, a coordinate, equal branch of government, the judiciary should be especially careful not to infringe on the historical and constitutional rights of that branch." Walker, 124 Wash.2d at 407 , 879 P.2d 920 . ¶ 20 Our constitution does not contain a formal separation of powers clause.

2009Nevertheless, “[w]hen directing a writ to the Legislature or its officers, a coordinate, equal branch of government, the judiciary should be especially careful not to infringe on the historical and constitutional rights of that branch.” Walker, 124 Wn.2d at 407 . ¶20 Our constitution does not contain a formal separation of powers clause.

22009–2009
State v. Blilie green
wash · 1997
2 sentences

2009State v. Blilie, 132 Wash.2d 484, 489 , 939 P.2d 691 (1997); Carrick v. Locke, 125 Wash.2d 129, 134-35 , 882 P.2d 173 (1994). ¶ 8 When separation of powers challenges are raised involving different branches of state government, only the state constitution is implicated.

2009State v. Blilie, 132 Wn.2d 484, 489 , 939 P.2d 691 (1997); Carrick v. Locke, 125 Wn.2d 129, 134-35 , 882 P.2d 173 (1994). ¶8 When separation of powers challenges are raised involving different branches of state government, only the state constitution is implicated.

22009–2009
State v. Blilie green
wash · 1997
2 sentences

2009State v. Blilie, 132 Wash.2d 484, 489 , 939 P.2d 691 (1997); Carrick v. Locke, 125 Wash.2d 129, 134-35 , 882 P.2d 173 (1994). ¶ 8 When separation of powers challenges are raised involving different branches of state government, only the state constitution is implicated.

2009State v. Blilie, 132 Wn.2d 484, 489 , 939 P.2d 691 (1997); Carrick v. Locke, 125 Wn.2d 129, 134-35 , 882 P.2d 173 (1994). ¶8 When separation of powers challenges are raised involving different branches of state government, only the state constitution is implicated.

22009–2009
Commodity Futures Trading Commission v. Schor green
scotus · 1986
2 sentences

2013While we have acknowledged the important role that separation of powers principles play in maintaining individual liberty, our separation of powers jurisprudence directly “protects institutional, rather than individual, interests.” Carrick, 125 Wn.2d at 136 (citing Commodity Futures Trading Comm’n v. Schor, 478 U.S. 833, 851 , 106 S. Ct. 3245 , 92 L.

2013While we have acknowledged the important role that separation of powers principles play in maintaining individual liberty, our separation of powers jurisprudence directly “protects institutional, rather than individual, interests.” Carrick, 125 Wn.2d at 136 (citing Commodity Futures Trading Comm’n v. Schor, 478 U.S. 833, 851 , 106 S. Ct. 3245 , 92 L.

12013–2013

Statutes the citing opinions construe

WA § Wash. Rev. Code § 13.34.190 (4) WA § Wash. Rev. Code § 4.96.020 (4) WA § Wash. Rev. Code § 43.06.010 (4) WA § Wash. Rev. Code § 7.70.100 (4) WA § Wash. Rev. Code § 9.94.070 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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