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Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted.
The Washington citizenry adopted a Constitutional Amendment on November 5, 1968, which authorized the legislature to create a Court of Appeals and to define its composition and jurisdiction. On May 12, 1969, the legislature passed the enabling act that established a Court of Appeals with three divisions and a total of twelve judges.
The Washington Court of Appeals is the intermediate level appellate court empowered to hear appeals from final judgments and orders of superior courts, [6] [7] Personal Restraint Petitions, [8] writs of mandamus and quo warranto, [8] appeals from decisions of administrative agencies, discretionary review of a superior court's decision in an ...
Courts should be vigilant about ensuring that the government does not just smuggle Chevron deference back into administrative law for a substantial subset of regulatory cases. If early post-Loper ...
There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d ...
Discretionary jurisdiction is a power that allows a court to engage in discretionary review. This power gives a court the authority to decide whether to hear a particular case brought before it. Typically, courts of last resort and intermediate courts in a state or country will have discretionary jurisdiction. [1]
In Washington, there are several state courts. Judges are elected and serve four-year or six-year terms. Most judges first come to office when the governor of Washington appoints them after a vacancy is created – either by the death, resignation, retirement, or removal of a sitting judge, or when a new seat on the bench is created by the Washington State Legislature.
An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an "abuse of discretion". This standard tends to be even more deferential than the "clear error" standard.