Ian Birk
Judge, WA Court of Appeals
- Seat
- Position 4 — Charles Johnson seat — open
- Appointing authority
- Gov. Jay Inslee (to the Court of Appeals)
- Background
- Civil rights and constitutional litigation in Seattle, on the plaintiffs' side.
- Reported endorsements
- Heavy slate of progressive elected officials and labor unions.
- Fundraising
- $293,565 raised as of Jun 12, 2026
What the record actually shows
Facts pulled from public sources: who appointed them, what they did before, what they've said or written, who's backing them. We're not predicting any vote. Why these categories?
-
Who put him on the bench
Inslee appointed him to the Court of Appeals — same governor who signed the capital gains tax.
-
His background
Spent his career suing on behalf of plaintiffs in civil rights cases. Comfortable with constitutional litigation.
-
Who's backing him
Endorsement list tilts heavily progressive and pro-labor relative to other Position 4 candidates.
-
His tax record
No Court of Appeals opinion directly on Article VII or Culliton. He hasn't had a chance to show his hand on this.
How this candidate is likely to rule, and why.
Ian Birk is the best-resourced progressive candidate in the 2026 field, having raised over $200,000 by May and drawing the most money of any candidate across all five races.
His endorsement list is dense with progressive institutional weight: five current Supreme Court justices, former Justice Mary Yu, State Senate Majority Leader Jamie Pedersen (the lead architect of the millionaires' tax), a WEA-affiliated PAC, and a slate of progressive state legislators.
Birk is a fifth-generation Washingtonian who graduated from UW undergrad at 19, clerked at the Washington Supreme Court after law school, spent two decades as a plaintiff-side civil litigator at Keller Rohrback representing individuals against insurance companies and corporate interests, and was appointed to the Court of Appeals by Gov.
Inslee in 2022, where he has now authored over 200 opinions. His public philosophy emphasizes fairness, access to justice, and equal treatment regardless of circumstance, framed in terms of civic duty rather than doctrine. No Court of Appeals opinion he has authored directly engages Article VII or Culliton.
The inference to a scrap position is strong given the coalition, but it rests on endorsement pattern and appointment lineage rather than on any public commitment on the tax question itself.
-
Pedersen endorsement as direct ESSB 6346 signal
State Senate Majority Leader Jamie Pedersen, the lead sponsor of ESSB 6346 and the principal legislative architect of the millionaires' tax, endorsed Birk for Position 4. Pedersen's endorsement of a judicial candidate is not primarily about courtroom competence; Pedersen has described the income tax bill as a vehicle to force the court to revisit the 1933 ruling. His decision to endorse Birk, and not O'Donnell, in the same three-way race suggests a judgment about which candidate is more likely to vote to uphold the tax.
-
200-plus Court of Appeals opinions across civil, criminal, family, and administrative law
Since his appointment to Division I in 2022, Birk has authored over 200 opinions and participated in hundreds more across civil, criminal, family, administrative, and constitutional law, and has sat in all three appellate divisions statewide. He is the only Position 4 candidate with a substantial appellate record. None of those opinions has been identified as touching Article VII directly, but the volume of constitutional work gives him the doctrinal exposure that O'Donnell and Shelvey lack entirely.
-
Plaintiff-side litigation background at Keller Rohrback
Before the bench, Birk spent two decades at Keller Rohrback representing individuals in insurance coverage disputes, consumer protection cases, workplace discrimination claims, and complex civil litigation, consistently on the plaintiffs' side. That professional orientation, combined with 10 years of pro bono work at King County Bar neighborhood legal clinics, reflects a career-long alignment with legal access and consumer protection values. It is not direct evidence on tax uniformity, but it establishes a consistent pattern of plaintiff-leaning orientation that clusters with the scrap coalition.
-
Bar ratings and judicial evaluations as quality signal
Birk has received 'Exceptionally Well Qualified' ratings from both Washington Women Lawyers and the Cardozo Society of Washington State for the 2026 Supreme Court race. These bar ratings assess professional competence and judicial temperament rather than political orientation, but they confirm that Birk's standing among legal professionals supports treating him as a serious appellate contender, not a protest or low-information candidacy.
An analytical read on public signals. Not a prediction of any individual vote.
Questions a voter might ask this candidate
- When a ruling has limited the legislature's tax authority for decades, how much weight does that history get?
- What's the line between fixing a legal mistake and judges making policy?
Phrased to comply with Washington's Code of Judicial Conduct, which prohibits candidates from pledging votes on specific cases or issues likely to come before the court. Methodology questions are permitted.
Sources
- Washington Courts judge bio
- Campaign site
- Ian Birk campaign site: About
- Ian Birk campaign site: Endorsements
- Ballotpedia: Ian Birk
- KOMO News: Big money pours into state Supreme Court races as millionaires' tax raises stakes
- Lynnwood Times: Ian Birk candidacy profile (Feb. 2026)
- Are you Ian Birk or their campaign? Submit a response →