Portrait of J. Michael Diaz
Position 3 · Montoya-Lewis seat

J. Michael Diaz

Judge, WA Court of Appeals (Div. I)

Inslee appointee
Our read on this candidate
Leans toward scrapping the rule
Confidence: Medium

Former federal prosecutor appointed by Gov. Inslee, who signed Washington's capital gains tax. Less direct signal than other appointees, but he's in the same coalition.

Seat
Position 3 — Montoya-Lewis seat
Appointing authority
Gov. Jay Inslee
Background
Judge on the WA Court of Appeals. Before that, federal prosecutor and US Department of Justice Civil Rights Division.
Reported endorsements
Sitting WA Supreme Court justices; bar association ratings strong.
Fundraising
$207,443 raised as of Jun 15, 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 court

    Gov. Jay Inslee appointed him. Inslee signed Washington's capital gains tax and his administration defended it in court.

  • His background

    Career federal prosecutor and civil rights enforcement. Limited experience with state tax law specifically.

  • How he talks about the law

    Public writings emphasize careful legal reasoning, plain meaning, and the institutional credibility of courts. More measured than ideological.

  • What he has said about Culliton

    Nothing direct. His Court of Appeals record doesn't include cases squarely on this topic.

Deep read

How this candidate is likely to rule, and why.

J. Michael Diaz brings a stronger institutional pedigree than almost any other candidate on the ballot. Born in Peru, raised in Seattle, he earned a philosophy degree magna cum laude from Notre Dame, studied at Princeton, and took his law degree from Cornell Law, where he served on the International Law Journal.

He spent a decade as a federal prosecutor in the Western District of Washington and was the founder of that office's Civil Rights Program, which earned him a DOJ Distinguished Service Award and multiple performance recognitions.

President Obama nominated him to the federal district bench in 2016, a nomination that expired when the 114th Congress adjourned without a vote.

Governor Inslee then appointed him to King County Superior Court in 2018 and to the Court of Appeals in 2022, where he has authored over 200 opinions and teaches Washington Constitutional Law at Seattle University as an adjunct professor.

His endorsement coalition for this race is built almost entirely from the same progressive-institutionalist network that passed ESSB 6346: former Governors Inslee, Gregoire, and Locke all endorsed him, as did AG Nick Brown and five sitting Supreme Court justices.

No Court of Appeals opinion by Diaz directly addresses Article VII or Culliton, and his questionnaire language for this race emphasizes fair process, access to justice, and institutional credibility rather than doctrinal methodology. His trajectory points toward the scrap coalition, but the absence of any direct Culliton signal keeps confidence at medium.

  • Obama federal bench nomination as coalition marker

    Obama nominated Diaz to the U.S. District Court for the Western District of Washington on April 14, 2016, with the American Bar Association rating him 'unanimously qualified.' The Senate took no action, and the nomination expired at sine die in January 2017 after 264 days pending. Federal bench nominations under Obama are a reasonably precise predictor of judicial coalition: they track toward DOJ's civil rights posture and against the kind of originalist-formalist reading of state constitutional provisions that would preserve Culliton.

  • Teaches Washington Constitutional Law at Seattle University

    Diaz is an adjunct professor at Seattle University School of Law, where he teaches Washington Constitutional Law. That course necessarily covers Article VII and the state's tax uniformity framework. Unlike the typical candidate with no public record on these questions, Diaz has an academic forum in which he regularly engages with WA constitutional doctrine. He has made no public statements about Culliton specifically, but the teaching role means he has a formed view on how state constitutional doctrine evolves.

  • K&L Gates donation crossover as coalition indicator

    The Clark County Today coverage of the 2026 races noted that Diaz received campaign contributions from K&L Gates, the same firm where co-appointee Theo Angelis was a partner before joining the court. K&L Gates under Ferguson's former orbit has a strong alignment with the coalition that both defended and now passed the income tax. It is a small financial data point, but it reinforces the network picture: Diaz, Angelis, and the firm share institutional ties to the same political coalition.

  • No article VII record at Court of Appeals

    Diaz has participated in hundreds of appellate decisions across criminal, civil, family, and administrative law since 2022, but none has been identified as bearing directly on the income-as-property doctrine or the Article VII uniformity clause. His record at King County Superior Court also did not include tax or state constitutional cases squarely on point. This is a genuine gap. His ESSB 6346 position will have to be inferred from coalition and philosophy rather than from any direct prior engagement with the doctrine.

An analytical read on public signals. Not a prediction of any individual vote.

Questions a voter might ask this candidate

  1. How does federal precedent influence how you think about long-standing state Supreme Court rulings?
  2. When the constitution's words and a 90-year-old interpretation diverge, which should govern?

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