Washington State Supreme Court Position 2 – Salvador “Sal” Mungia

Judicial Questionnaire 2022

Candidate Info

 

Candidate Name:     Salvador “Sal” Mungia
Position Sought:     Washington State Supreme Court Position 2
Are you an incumbent for this position?     Non-incumbent
Home Legislative District:     26th

Campaign Info

Campaign Manager or Point of Contact:     Raven Tyler Raven@nwpconsulting.com
Website     https://www.salforjustice.com/
Facebook    
Twitter    

Part I – Candidate Background

1. Please describe your qualifications, education, employment, past community and civic activity, as well as any other relevant experience.

Following graduation from Georgetown University with my law degree, I served as a law clerk to a Washington State Supreme Court Justice and then a federal district court judge. I then joined my law firm, Gordon Thomas Honeywell, in our Tacoma office where I have practiced ever since. My practice has involved both trial and appellate work. I have been involved in representing individuals, businesses, and non-profit organizations. I have litigated class action lawsuits. I have argued cases at all appellate levels, both state and federal. My practice has involved complex civil litigation including general aviation air crashes for both plaintiffs and defendants, wrongful death actions, medical malpractice lawsuits for patients, and contractual disputes involving real property and businesses.

Ever since I started in private practice in 1986, I have made, as part of my practice, fighting for access to the justice system for those who can’t afford a lawyer. I have been a cooperating attorney with the ACLU since 1986 and have represented those incarcerated in jail and those incarcerated in the Northwest Detention Center. I have litigated first amendment cases. I have also represented individuals who have had their rental deposits wrongfully taken when the amount was too small for any lawyer to take on for a fee.

My skills as a trial and appellate lawyer have been recognized by numerous organizations. Since 2011 I have been recognized by Best Lawyers in America in the fields of appellate practice, civil rights law, commercial litigation, and personal injury litigation – plaintiffs. I have been recognized as a “Super Lawyer” since 2008 by Washington Law & Politics. Since 2007 I have been a member of the invitation-only organizations of Litigation Counsel of America and the American Board of Trial Advocates. Since 2004 I have been rated AV Preeminent by Martindale-Hubbell which is the highest possible rating for both ethics and legal ability.

I have volunteered in a variety of areas for my community – both my legal community and the general community at large.

LEGAL COMMUNITY

– Washington State Bar Association President (2009-2010).
– Washington State Bar Association Board of Governors (2005 -2008).
– Western States Bar Conference President (2014).
– Tacoma-Pierce County Bar Association President (1999-2000).
– American Bar Association Delegate to House of Delegates (2012-2015)

ACCESS TO JUSTICE
– President, Legal Aid for Washington (2002-2003).
– Board Member, Legal Aid for Washington (1992-2000; 2004-2005).
– Chair, Equal Justice Coalition (2016-2022).
– Chair, Access to Justice Board (2018-2020)
– Board Member, Access to Justice Board (2016-2022).
– Board Member, Endowment for Equal Justice (2016-2022).

SOCIAL JUSTICE ORGANIZATIONS

– Member, “Heal the Heart of Tacoma,” Core Coordinating Team, a community led approach for Tacoma to become an anti-racist city (2020 through 2022).
– Washington State Advisory Committee Member, Kids in Need of Defense (2015 to present).
– Gates Advisory Board for the Bates Public Service Law Scholarship Program at the University of Washington School of Law (2012-2019).
– Sponsor (one of ten) for Initiative 502: initiative to legalize, regulate, and tax possession of marijuana for recreational use 2012).
– Lawyers’ Committee for Civil Rights Under the Law (2003-2006).
– Board of Directors, ACLU of Washington (1987-1992).
– Commissioner, Tacoma Human Rights Commission (1990-1996).

OTHER COMMUNITY ORGANIZATIONS

– Regent, Pacific Lutheran University Board of Regents (2021 to present).
– Member, Pacific Lutheran University Alumni Board, (2015 to 2022).
– Member, St. Luke’s Episcopal Church, Vestry Board (2022 to present).
– Member, Governor-Elect (Inslee) Justice Advisory Group (2012-2013).
– Member, Mayor Marilyn Strickland’s Task Force on Education, Tacoma (2010 – 2013).
– Member, R. Merle Palmer Minority Scholarship Foundation, Board of Directors (2004 – 2008).
– Member, Grand Cinema, Board of Directors (2002-2004).
– Fellow, American Leadership Forum (2001 to present).

JUDICIAL CAMPAIGNS

– Co-Chair, Campaign to Re-Elect Justice Sheryl Gordon McCloud, Washington State Supreme Court (2018).
– Finance Committee Member, Campaign to Re-Elect Justice Steve Gonzalez, Washington State Supreme Court (2018).
– Member, Committee to Elect Rhonda Laumann to King County Superior Court (2018).
– Co-Chair, Committee to Retain Judge Brad Maxa, Washington State Court of Appeals (2014).
– Executive Committee Member, Committee to Retain Justice Steve Gonzalex, Washington State Supreme Court (2012).
– Co-Chair, Committee to Elect Judge Linda Lee, Pierce County Superior Court (2004).
– Chair, Fundraising Committee, Committee to Re-Elect Judge Stephanie Arend, Pierce County Superior Court.

2. What prompted you to run for this office?

I am now in my 40th year of practicing law. I have spent my career working to advance access to the justice system and addressing bias and discrimination in the legal system. Up until last year I thought that I would continue doing this work as an attorney. However, last year I was asked whether I would be willing to run for what will be an open seat on our state supreme court – Justice Owens will be retiring at the end of this year. I saw the impact that my friends on our state supreme court have been able to make because of their position on the court. I then decided that the time was right in my life, and in my career, to make a run for this position. In short, I am doing this to hopefully make the legal community, and our community at large, a better place.

I am now so fortunate to have the sole endorsements of 8 of the 9 current state supreme court justices. Four retired state supreme court justices have given me their sole endorsements. In total, over 100 active and retired judges throughout the state have endorsed my campaign.

I am endorsed by three Washington State Governors: current Governor Inslee and Former Governors Gregoire and Locke. I am endorsed by the Washington State Attorney General, Bob Ferguson. I am endorsed by local elected officials including Pierce County Councilmember Ryan Mellow and Tacoma Mayor Victoria Woodards. In total, I’m endorsed by over 50 active and retired elected officials.
In total, over 600 judges, elected officials, and community members have formally endorsed my campaign. For a complete list go to https://www.salforjustice.com/
I am endorsed by the following County Democrats: Chelan, Douglas, King, Skagit, and Snohomish. I am endorsed by the following Legislative District Democrats: 1, 5, 11, 12, 21, 33, 36, 21, 46, 47, and 48. In addition, I am endorsed by the following labor organizations:
· Washington Labor Council.
· Washington Education Association – PAC.
· Washington Federation of State Employees.
· Thurston Lewis Mason Central Labor Council.
· Spokane Regional Labor Council.
· Retired Public Employees Council.
I am also endorsed by the following community organizations:
· Indivisible Tacoma.
· Snohomish County Indivisible.
· Women of Color in Politics.

3. What do you believe are the most important qualifications for a judge or justice?

The most important qualifications for being a state supreme court justice include the following. First, you need to have a commitment to the rule of law understanding that your job is to ensure that the federal and state constitutions are adhered to by laws that are enacted by the legislature. Second, you hopefully have a variety of lived experiences so that you can understand as many of the differing viewpoints of the people who live in our state. Third, you should have experience in the appellate practice both briefing complex issues of law and then arguing those cases before appellate panels.

4. What priorities are you seeking to address with your campaign?

I feel that the most significant priorities for the state supreme court is to continue to expand access to the civil justice system and to combat bias and discrimination within the legal system.

During my 40 years of practicing law, I’ve been committed to promoting access to the justice system and addressing bias in the legal system. If elected, those will be two of my ongoing priorities.
After graduating from law school, I clerked for a state supreme court justice and then a federal district court judge. I then joined Gordon Thomas Honeywell in 1986. When I joined my firm I became a cooperating attorney with the ACLU-WA. Since 1987 I have represented people incarcerated in the Pierce County jail to address overcrowding and lack of adequate healthcare in a federal class action lawsuit, represented people detained in the NW Detention Center in a federal district court action to protect their first amendment rights to engage in a hunger strike, and am currently representing the ACLU-WA in a lawsuit against King County over conditions at the King County jail. I have volunteered at legal clinics, represented individuals at trial, and represented individuals and groups in appeals – all on a pro bono basis.
I have promoted access to justice on a systemic basis. I served on the Board of Law Fund for 10 years (two years as president), the Board of the Endowment for Equal Justice for six years, and the Access to Justice Board for six years (two as chair). I have lobbied our lawmakers in Olympia and our congressional delegation in D.C. to increase state and federal funding for civil legal aid.
I have taken action to address bias within the legal system and spoken to judges and lawyers about systemic bias within the legal system. I worked with a group of six for five years to submit a proposed rule to our state supreme court to make it much more difficult to exclude people of color from serving on juries because of their race or ethnicity who are qualified to serve. The Washington Supreme Court adopted the proposal as General Rule 37 and 14 other states have modeled rules based upon GR 37. I have spoken at 15 Continuing Legal Education programs about bias in the legal system and have published articles about bias with the legal system. I have mentored undergraduate students of color both informally and through the UW of Tacoma formal program of Legal Pathways.
As I noted above, one of the reasons I am running for this position is to continue my work for promoting access to justice and fighting bias in the legal system. As I have done in the past, I will continue speaking and writing on these topics and engaging both the legal community and the community at large.

Part II – Access to Justice

1. If elected, how will you work to improve access to justice, particularly for communities and constituencies that do not understand the American legal system?

As mentioned above, access to the justice system has been, and will always be, one of my core values.
I have promoted access to justice on a systemic basis. I served on the Board of Law Fund for 10 years (two years as president), the Board of the Endowment for Equal Justice for six years, and the Access to Justice Board for six years (two as chair). I have lobbied our lawmakers in Olympia and our congressional delegation in D.C. to increase state and federal funding for civil legal aid.
While I will no longer be able to represent people who cannot afford to pay an attorney, and I will no longer be able to raise money for civil legal aid, if I get elected, I will be able to carry on talking to our lawmakers at both the state and federal levels to increase funding for civil legal aid. I will continue to be able to encourage lawyers to do both pro bono work and to support civil legal aid organizations. And I will continue to be able to talk to community groups, especially those that have been marginalized as I have done on my work with the Access to Justice Board, about the opportunities of obtaining free legal aid.

2. Is Washington relying too much on court fees to cover the cost of operating our judicial system? How do you believe our courts should be funded?

Yes. The legal system is for everyone’s benefit and should not be funded by user fees. Instead, funding for our courts should be paid by general funding.

3. Would you, if elected, bring restorative justice as a goal to your court room? * If yes, describe how that could look.

Restorative justice is a concept that is found at the trial court level. Restorative justice, in straightforward terms, is a design to fix what has been broken. This could include mediation and conflict-resolution procedures, family group actions, victim-impact panels and community reparative boards. These types of actions would not take place at the appellate court level.

4. What ideas can you offer to make our judicial system more open, transparent, and responsive?

As with the prior question, I’m going to approach it from the standpoint of being a justice on the state supreme court.

First, the current state supreme court practice of holding oral arguments at public venues around the state is, in my view, a great way of making our justice system more open, and understandable. After the oral arguments the public is allowed to ask the justices questions – not about the case that was just argued but concepts in general.

Second, another step that I know some justices do, and that I plan on doing, is getting out into the community and talking to groups about how the courts operate and their functions. I have done that as an attorney.

5. What are your thoughts on how our courts could permanently incorporate the growing virtual options after the need of the pandemic has passed?

There are some parts of the trial process that can be done virtually – however, part of it depends on the trial courts having sufficient funding so that they can have the resources.
King County has done a good job performing jury selection virtually. Again, depending on the resources available to other counties, that has proved to be efficient and prospective jurors have reacted favorably to not having to appear in person for jury selection. Allowing attorneys the option of appearing virtually for arguing motions has also proved to be efficient.
Allowing the parties the option of calling witnesses virtually, especially expert witnesses or lay witnesses who are out of the area, has proven to be efficient and effective.

6. Justice delayed is justice denied, what are your thoughts on how to catch up on the current backlog of cases awaiting trail? Additionally what changes to the current court system would you implement to insure speedy justice?

As with so many areas of our legal system, additional resources are needed. More funding is needed for public defenders, prosecutors, and courts so that the backlog can be addressed.

I don’t practice in the criminal legal area so I would not venture to begin saying that I would have ideas on what changes to the current court system could be made to ensure speedy justice.

7. What judicial reforms do you support to achieve greater equity and inclusion for BIPOC individuals in our communities?

I have worked throughout my career to achieve greater equity and inclusion for BIPOC individuals both within the legal system and my community at large and expect to continue that work if I am elected.
I have taken action to address bias within the legal system and spoken to judges and lawyers about systemic bias within the legal system. I worked with a group of six for five years to submit a proposed rule to our state supreme court to make it much more difficult to exclude people of color from serving on juries because of their race or ethnicity who are qualified to serve. The Washington Supreme Court adopted the proposal as General Rule 37 and 14 other states have modeled rules based upon GR 37. I have spoken at 15 Continuing Legal Education programs about bias in the legal system and have published articles about bias with the legal system. I have mentored undergraduate students of color both informally and through the UW of Tacoma formal program of Legal Pathways. My mentoring attorneys of color was recognized by the Latina/o Bar Association of Washington when they awarded the Modelo de Excelencia award to me and by my local bar association, the Tacoma-Pierce County Bar Association, when they awarded me the Service to Diversity Award.

I have represented immigrants detained at the Northwest Detention Center to protect their first amendment rights to engage in a hunger strike to protest the conditions at the detention center.

I have served on a City of Tacoma Council appointed group to make Tacoma an anti-racist city.

I have served on the Board of Directors of the Palmer Scholars – the recipients are students of color who are usually first generation college students.

I have served as a commissioner on the Tacoma Human Rights Commission where I lead a stud on the actions of the police in communities of color.

I started, and have continued, a mentoring program at an elementary school where 80% of the students are of color and are eligible for free or reduced school lunches.

In short, I have been doing this work throughout my career and expect to continue doing this work if I am elected.

By typing my name below, I declare under penalty of perjury the foregoing is true and correct.
Printed Name     Sal Mungia
Date (mm/dd/yy)     06/03/2024

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