Facts: The petitioner Service Employees International Union, the bargaining representative of the in home personal care service providers contracted by the state of Washington to serve Medicaid recipients, filed a petition with the Supreme Court of Washington for a writ of mandamus compelling respondent Governor Christine Gregoire to revise the budget she submitted to the legislature so as to include funding for pay increases for the personal care service providers it represents that had previously been awarded by an arbitrator.

Question(s): Is the performance sought by the Service Employees International Union discretionary (and therefore not subject to mandamus) or ministerial?

Is the case moot as a result of the legislature’s subsequent passage of the contested budget?

Conclusion: Justice James M. Johnson’s opinion for the Court ruled that a writ of mandamus would be an inappropriate remedy as the inclusion or non-inclusion of spending items in a budget is a highly discretionary gubernatorial function that is inherently political and committed to the judgment of the governor. The Court also held that the case was in any event moot as relief sought was no longer available given the fact that the legislature had adopted the governor’s proposed budget and adjourned and the governor had signed the budget into law.

Docket No. 82551-3

Petitioner: Service Employees International Union

(Counsel: Dmitri L. Iglitzin, Judith R. Krebs, and Robert H. Lavitt)

Respondent: Christine Gregoire

(Counsel: Robert M. McKenna, Stewart Arthur Johnston, Janetta Elizabeth Sheehan, and Maureen A. Hart)

Briefs:

Argument: Tuesday, March 10, 2009 2:30pm

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

Decided: Thursday, April 8th, 2010

Prevailing Party: Christine Gregoire (Respondent)

Vote: 5-4

Citation: Pending

Court: Madsen1 Court (2010-)

Alexander

Johnson

Madsen
(Dissent)

Sanders
(Dissent)

Chambers

Owens

Fairhurst

Johnson
(Majority)

Stephens