Ian Birk

Non-Partisan | Washington

Ian Birk websites LinkedIn

Candidate Profile

Justice of the Supreme Court, Seat 4 Washington General | November 3, 2026

Proven Activist

BIOGRAPHY

EDUCATION

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WORK & MILITARY

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AFFILIATIONS

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POLITICAL OFFICES HELD

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POLITICAL OFFICES SOUGHT

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ENDORSEMENTS

LIBERAL (29)

King County Democrats

Washington Education Association WEA PAC

SEIU 775 Service Employees International Union

Children's Campaign Fund

31st District Democrats

OTHER (1)

The Stranger

SELECTED CONTRIBUTIONS


LIBERAL
GIVEN BY CANDIDATE (59)

Kim Schrier (2023)

American Association for Justice (2022)

Mary Yu (2022)

Patty Kuderer (2022)

Washington State Association for Justice (2022)

RECEIVED BY CANDIDATE (0)

OTHER INFORMATION

In a 2026 campaign announcement, Judge Ian Birk describes his approach to law as centered on “equal access to justice, equal treatment regardless of circumstance, and fair outcomes under the law.” He emphasizes that both his work as a lawyer and his service on the Washington Court of Appeals have been guided by protecting individual rights while ensuring courts remain fair and accessible.

In Arlene’s Flowers (2019), Ian Birk, as counsel for the Washington State Association for Justice, filed an amicus brief supporting enforcement of WLAD. He argued that custom floral arrangements are commercial conduct, not protected speech, and that applying WLAD does not compel expression or endorsement—only equal access to services.

Judge Birk authored State v. Corporation of the Catholic Archbishop of Seattle (2026), where the Washington Court of Appeals considered whether the Attorney General could use the Washington Charitable Trust Act to issue an investigative subpoena to the Archdiocese. The court held that the subpoena was allowed in part because the Attorney General has statutory authority to investigate charitable trusts, including religious entities, but only within constitutional limits. It rejected the lower court’s view that religious corporations were completely exempt from the statute, explaining that the exemption must be read narrowly under the Washington Constitution. The court sent the case back to determine which parts of the subpoena could be enforced, allowing inquiries into possible criminal or tortious conduct but not into protected religious doctrine or internal church governance.

Judge Birk authored In re D.W. (2026), where the Washington Court of Appeals considered whether a 74-year-old man with bipolar disorder could be held in a 14-day involuntary hospital commitment.

Judge Birk authored In re Detention of M.M. (2026), where the Washington Court of Appeals considered whether a woman could be held in a 14-day involuntary mental health commitment. 

Judge Birk authored State v. Herr (2025), where the Washington Court of Appeals considered whether a man convicted of murder should get a new trial because the judge refused to let him show pictures of guns found on someone else’s phone. The court held that the trial judge did not make a mistake because the pictures were too uncertain and did not clearly connect to the crime, so they could have confused the jury. The court explained that evidence has to be meaningfully linked to the case to be allowed. The court affirmed the murder conviction but sent the case back to remove a $500 fee that could not be imposed on an indigent defendant under updated Washington law.

Judge Birk authored Flying T Ranch v. Stillaguamish Tribe (2024), where the Washington Court of Appeals considered whether a lawsuit seeking to quiet title to land could proceed against a tribal government. 

Judge Birk concurred in Rock Holdings LLC v. Levitz (2023), where the Washington Court of Appeals considered whether a trial court properly issued a writ of restitution after a nonjudicial foreclosure sale. 

QUESTIONNAIRE

RIGHT TO LIFE

Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain. (Holding: In Dobbs, the U.S. Supreme Court held that the federal constitution does not confer a right to abortion.)

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Does the federal Constitution support the right to physician assisted suicide? Please explain in light of Washington v. Glucksberg (1997).

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Human life deserves legal protection from conception until natural death.

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How do you view the judiciary’s role in matters of abortion regulation following Dobbs?

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RELIGIOUS LIBERTY

Do you believe religious liberty is at risk in the United States. If so, what is the judiciary's proper role in addressing this issue?

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Does the Establishment Clause of the First Amendment require government to be strictly secular or does it allow for the nation's religious heritage?

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Was Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held tha the state may not show religious hostility when enforcing anti-discrimination laws against a business owner.)

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VALUES

Briefly describe your spiritual beliefs and values.

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What is your understanding of parental rights under the Constitution regarding the upbringing of children, particularly regarding choices about education and sexual identity?

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Is gender identity a protected class under the Constitution? Please explain the constitutional basis for your view.

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ABOUT YOU

Have you ever been convicted of a felony? If so, please explain.

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Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.

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I voted in these primaries and general elections:

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JUDICIAL PHILOSOPHY

Describe your judicial philosophy.

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Do you believe judges should primarily apply the law according to its original public meaning, or do you believe the law evolves over time to reflect contemporary values?

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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?

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Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held Due Process and Equal Protection Clauses create a right for same-sex couples to marry.)

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A. How should a judge approach a case where the constitutional or statutory text is clear on its face? B. Conversely, how should a judge proceed when the text is ambiguous or silent on a disputed issue?

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What is your view of judicial restraint versus judicial activism? How do you define each?

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What is the proper role of a judge?

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When applying or interpreting the text of a statute or constitutional provision, is it ever proper for a judge to consider present day public opinion or consequences?

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If precedent departs from the Constitution’s text or original meaning, should a judge follow it or correct the error? Please explain.

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CRIMINAL JUSTICE & PUBLIC SAFETY

The burden of proof in a criminal case is generally that the state must provide proof beyond a reasonable doubt.  Some say the reason the burden of proof is so high is because we greatly value ensuring that the innocent are not unjustly imprisoned.  Please comment on this topic.

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When reviewing wrongful conviction claims, what role, if any, should judges play in determining remedies?

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2ND AMENDMENT

What is your understanding of the Second Amendment’s right to keep and bear arms?

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OTHER IMPORTANT ISSUES

Which branch of government do you believe was intended to wield the most authority?

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