Steve Eugster has filed a case in the Washinton Supreme Court seeking writs of mandamus to each of the justices of the Supreme Court.
The Supreme Court has original jurisdiction in writs of mandamus against state officers. Wash. Const. Art. IV, Section 4. The Court will have to create a temporary Supreme Court pursuant to Wash. Const. Art. IV, Section 2(a):
Article IV Section 2(a) SECTION 2(a) TEMPORARY PERFORMANCE OF JUDICIAL DUTIES.
When necessary for the prompt and orderly administration of justice a majority of the Supreme Court is empowered to authorize judges or retired judges of courts of record of this state, to perform, temporarily, judicial duties in the Supreme Court, and to authorize any superior court judge to perform judicial duties in any superior court of this state.
The issue is whether the Supreme Court is acting in violation of Wash. Const. Art. IV, 2017_11_06_McCleary_Docket_linked Section 4. The court is exercising jurisdiction in excess of its “appellate jurisdiction.”