Washington’s Supreme Court races are heating up. Who’s watching?

Five state Supreme Court justice seats are up for election this November, an unusual scenario that experts say has not happened in recent memory.

Usually there are about three seats open for election, but five seats make up a majority of the court, so this year’s election could shift its ideology. Additionally, this new court will most likely be deciding on the constitutionality of the newly passed income tax on high earners, also known as the "millionaires tax," adding incentive to closely watch these races.

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For voters, Supreme Court races tend to have the lowest level of engagement. According to the Secretary of State’s office, in the 2024 general election, Supreme Court races received an average of 33% fewer votes than the race for U.S. president.

“Judicial candidates don't run on political philosophies or parties, they run on their records as judges or as lawyers,” said Hugh Spitzer, a retired University of Washington law professor. “So it's pretty hard for people to distinguish between the candidates, generally.”

Washington is one of just 14 states in the country that have voters elect nonpartisan judges. Spitzer said Washington Supreme Court candidates strictly abide by the rule not to comment on a particular issue, like an income tax. So for many voters, it isn’t easy to get a handle on whether a judge might align with their values. Other states have state Supreme Court judges appointed by the governor, or a hybrid system where the governor may recommend candidates and voters approve them.

“I think the fact that there's low voter turnout in judicial races, and it's difficult for voters to determine who to vote for, that's a bit of an argument for moving to a different system altogether,” Spitzer said.

The seats available for election this year are from three judges whose terms are expiring in January: Justices Raquel Montoya-Lewis, Charles Johnson, and Debra Stephens. Two judges — Justices Mary Yu and Barbara Madsen — also retired earlier this year.

One race Spitzer anticipates will be particularly close is between Ian Birk and Sean O’Donnell, who are running for Justice Johnson’s seat. On paper, the two candidates on paper both appear to be highly qualified, moderately progressive judges, Spitzer said. One is a Court of Appeals judge and the other is a King County Superior Court judge.

“They're both very competent and thoughtful, so it might be hard for people to decide which one to vote for,” he said.

That means voters will have to dig into specific cases each candidate has worked on to determine which they feel would better serve them.

“For those of us who aren't attorneys, who aren't legal experts, it seems a bit daunting to make a decision on who is going to serve in that high position,” said Erin Schultz, a partner with Northwest Passages, a progressive political consulting group. “But you know, we can see every day, based on what's happening at the national level in the U.S. Supreme Court, how important those decisions are in our everyday lives.”

The races are expected to be closely watched and heavily funded by interest groups like former Republican Attorney General Rob McKenna and Brian Heywood and his conservative committee Let’s Go Washington. That is largely because the new Supreme Court will likely decide the fate of the new income tax on high earners next year. McKenna and Heywood are both challenging the constitutionality of the tax in lawsuits. The powerful labor union SEIU 775 will likely support candidates as well, though it has not officially endorsed any yet.

RELATED: WA Supreme Court to consider Let's Go Washington lawsuit challenging 'millionaires tax'

Schultz said voter awareness and participation is especially important this year, as many powerful people will vie for influence in these elections. She said this year’s elections represent an opportunity for the state’s moderate-progressive court to be reshaped.

“It does seem like there's the possibility that the Supreme Court could get significantly more conservative, and I think that voters should take that really seriously,” Shultz said.

People interested in learning more about the Supreme Court candidates running can check candidate websites, read media endorsements, voter guides, candidate statements and the Bar Association’s evaluation of candidates.