What do you really know about Washington’s courts? This fall, Teach with TVW brings you The Judicial Branch EXPLAINED — a brand-new video series that tackles the most common misconceptions about the courts.
From “What does the judicial branch do?” to “How does bail work?”, our short 5–7 minute episodes break down key concepts with real judges and courtroom insights. You’ll also find stand-alone videos explaining each level of Washington’s courts — from District Courts to the State Supreme Court.
QUESTIONS TO THE COURT
Washington State has a tripartite system of government; our three branches of government check and balance one another. Theoretically no branch of government is more powerful than the others, however it can be a delicate balance. Check out how people answer the question “What is the most powerful branch?”
Essential Question:
- To what extent do all three branches need to cooperate with one another to have an effective governmental structure?
Discussion Questions:
- What role does the executive branch play in effectuating the laws?
- How do the branches of government work with one another?
- What is the “delicate dance of the tripartite system”?
Lesson Plan: Coming Soon!
“What does the judicial branch do” seems like an easy question to answer. But, because the judicial branch has many responsibilities, it can be challenging to sum up with a single answer. Check out how some of Washington’s judges clarify the public’s perception of their jobs.
Essential Question:
- To what extent does the court system provide a place for people to get their disputes resolved?
Discussion Questions:
- How is the judicial branch different from the other two branches?
- Why is the judicial branch independent and why is this important?
- Why is it important that the judicial branch does not make the law?
Courts of Limited Jurisdiction and Superior Courts hear both criminal and civil cases. Various people on the street had a clear understanding of the differences between the two. Scholars, however, add to the narrative by explaining the reasoning why some offenses are part of the criminal code and why some are civil matters.
Essential Question:
- Why do we have two different types of cases in the legal system?
Discussion Questions:
- What are the main differences between a criminal and a civil case?
- What is at stake in a criminal case and how is that different from the stakes in a civil case?
- Why is there a presumption of innocence in the criminal justice system?
Most people can describe the basic differences between a prosecutor and a public defender, but do people know how they work together to protect the rule of law? In this video, hear the Office of Public Defense and the King County Prosecutor’s office explain how their offices are bound by the Revised Code of Washington and the Constitution to protect Washingtonian’s rights and their safety.
Essential Question:
- Why are both the prosecutor and the defense attorney important to the rule of law?
Discussion Questions:
- What would happen if you needed a lawyer, but you could not afford one?
- Why does Mr. Jefferson think that being a public defender is a “high calling”?
- How do prosecutors work on behalf of the community?
- Why does Mr. Harris think that prosecutors are not the “bad guys”?
- How are prosecutors and defense attorneys the same? How are they different?
Lesson Plan: Coming Soon!
There are many steps that one must go through if they are arrested for breaking a law. In this video, Deputy Prosecutor Kelly Harris walks you through those steps from arraignment to sentencing.
Essential Question:
- Why do you think there are so many steps in the life of a criminal case?
Discussion Questions:
- What happens at an arraignment?
- What happens at evidentiary hearings?
- How is the prosecutor’s office involved in sentencing?
- What power does the judge have in sentencing?
Hiring an attorney can be an expensive endeavor, so where does one go to get legal advice? Hear from judges at both the Superior Court and Municipal Court level explain the differences between your Constitutional right to an attorney in a criminal case vs. a civil case. Judge Logan explains why having an attorney in a criminal case is important, and why the public defender’s office is so important. Judge Tutsch reviews some of the different organizations that exist to help those making their way through the legal system, especially in civil cases. Washington Courts has made a considerable investment in making the legal system more accessible to all. Visit https://www.washingtonlawhelp.org for more information on how to get legal advice.
Family Court is a division of Superior Court in Washington State. The main types of cases in family court are minor guardianships and parenting plans. Learn from two Superior Court judges what they consider when deciding parenting plans.
Discussion Questions:
- What role does the legislature have in deciding parenting plans?
- What do judges look at when deciding parenting plans?
- What is the overarching issue that judges are considering?
When a person is cited with a parking ticket or a speeding ticket, they generally have to pay fines and fees to the court. Where the funds from these civil infractions go depends on the jurisdiction, but most stay in the county or municipality where the infraction was cited. In terms of fines and fees for criminal offenses, the situation becomes a bit more complicated. Hear from Judge Mary Logan of Spokane Municipal Court and Judge Katie Loring from San Juan Superior Court explain how the thinking about fines and fees has changed in the last 10-15 years.
Discussion Question:
- To what extent should people pay fines and fees if they are convicted of a crime?
The Constitution is the highest law in the state, and no law can go against the Constitution. One of the jobs the Supreme Court is tasked with is deciding whether specific laws that are brought before them are Constitutional or not. Hear from Chief Justice Debra Stephens as she explains when the State Supreme Court has the final say on the interpretation of laws and what role the Legislature has when a law is deemed to be unconstitutional.
Essential Questions:
- What happens when a law is declared unconstitutional by the State Supreme Court?
Discussion Questions:
- Why could the Washington State Supreme Court be seen as the highest court in the state?
- For what cases does the Washington State Supreme Court not have the final say?
- What role does the legislature have when a law is declared unconstitutional?
- What is a judicial precedent? How do later courts contend with Supreme Court precedents?
LEVELS OF THE COURTS
The Washington State Supreme Court is the highest court in the state. It provides the final interpretation of state law. Learn from Washington Supreme Court Chief Justice, Debra Stephens, as she explains how the court works, the importance of judicial precedents, and the other critical roles the Supreme Court plays in Washington.
Essential Questions:
- How do Supreme Court decisions develop case law?
- To what extent does the Washington Constitution extend more privacy rights than the Federal Constitution?
- What is a judicial precedent?
Established by law in the late 1960s, the Court of Appeals handles the bulk of appeals in Washington State. Everyone is entitled to an appeal in both criminal and civil cases. If someone thinks there has been a legal or procedural error in their case at the trial level, their case will most likely end up at the Court of Appeals. Hear from Division 1 Judge Cecily Hazelrigg as she discusses how the Court of Appeals operates and why judicial independence is so important.
Discussion Questions:
- Why is judicial independence important?
- Why was the Court of Appeals created?
- How are civil and criminal appeals different?
- What must an appellant claim in their filing for an appeal?
- How is the Court of Appeals different from a trial court?
- What do judges on the Court of Appeals do when they are not on the bench?
- Why do the judges on the Court of Appeals look at legislative history?
- How does the organization of the Court of Appeals protect the rule of law?
- What do you think is the purpose of oral argument?
- What are the result options at the Court of Appeals?
How much do you know about the juvenile justice system in Washington State? The juvenile courts are a division of the Superior Courts, and they focus solely on juvenile issues. The courts address both civil and criminal cases; the civil cases are primarily truancy, child welfare, and family services. When judges are dealing with juvenile offender cases, there is a concerted focus on rehabilitation, recognizing that youth’s brain development is still occurring and there needs to be a different form of sentencing happening than in adult court. Hear Thurston County judge, Indu Thomas, explain her work as a Superior Court judge in the juvenile division.
Essential Question:
- How do juvenile courts operate?
- To what extent do judges have discretion when sentencing juveniles?
- To what extent does the court system impact community safety?
Discussion Questions:
- If a juvenile has been arrested, what options does a judge have when they come before the judge for the first time?
- Why does the state separate juvenile cases from adult cases?
- Why would it be important for courts to be trauma informed?
- Why would it be important for there to be a bench trial only?
- Why is it important for judges to have sentencing guidelines?
Together, district and municipal courts are known as the Courts of Limited Jurisdiction. District courts are county courts, while municipal courts are city courts. These courts are called limited jurisdiction because they are limited in their ability to hear only lower level offenses: infractions, misdemeanors, and gross misdemeanors. Additionally, district courts hear civil cases up to $100,000. Washington courts are leveled, and this lowest level of courts hears the majority of cases filed in Washington.
Discussion Questions:
STAY TUNED – MORE EPISODES POSTING THIS SPRING!
PILLARS OF JUSTICE series
The final segment in the Courts Explained series will be the Pillars of the Washington State Court System. This final segment will help students and the public better understand how justice is applied in our state. Each video in the series explores core questions, like: How does the justice system try to avoid implicit bias? How do courts ensure procedural fairness? Why is judicial independence important? How does the judicial branch ensure that all Washingtonians experience equal application under the law? These videos break down the big ideas that shape our courts and their role in delivering justice for all.
Together, the Pillars and Levels series will give a complete picture of not just why our courts matter, but also how they work every day in our communities.