Facts: Prior to a vote being taken in the Washington State Senate regarding final passage of Senate Bill 6931, which would have increased the tax applied to liquor sales, Lieutenant Governor Brad Owen ruled that a two thirds majority would be required to pass the bill in order to comply with Initiative 960 (codified in Washington Revised Code §43.135.035(1)), which requires that any tax increase be approved by two thirds majorities in both legislative houses. After Senate Bill 6931 failed to receive the required two thirds majority that Owen had ruled was required for it to be forwarded to the Washington State House of Representatives, Senator Lisa Brown filed a petition seeking a writ of mandamus compelling Owen to forward the bill, asserting that Initiative 960 is unconstitutional and Owen was therefore required to forward Senate Bill 6931 after a majority of senators voted in favor of it.

Question(s): Is a writ of mandamus compelling Lieutenant Governor Owen to forward the bill an appropriate remedy?

Conclusion: Justice Fairhurst’s opinion for a unanimous Court rejected Brown’s petition, ruling that issuing a writ of mandamus compelling Owen to forward the bill would violate the separation of powers insofar as the power to establish and administer its own procedural rules is committed solely to the legislature by Article II §9 and Article II §32 of the Washington State Constitution and insofar as Owen’s decision as to whether or not to forward the bill was a discretionary rather than a ministerial decision and therefore not subject to mandamus.

Docket No. 81287-0 (from Original Case No. Action)

Petitioner: Lisa Brown

Respondent: Brad Owen

Briefs:

Argument: Tuesday, September 9, 2008 10:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, March 5th, 2009

Prevailing Party: Brad Owen (Respondent)

Vote: 9-0

Citation: Pending

Alexander

Johnson

Madsen

Sanders

Chambers

Owens

Fairhurst
(Majority)

Johnson

Stephens