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U.S. District Judge John Chun: State courts are essential bulwarks of rights
Summary
In a UW Law keynote, U.S. District Judge John Chun argued state courts protect individual liberties, handle the majority of cases, and can provide constitutional protections beyond federal baselines — urging lawyers and citizens to defend judicial institutions.
U.S. District Judge John Chun delivered the symposium's keynote at the University of Washington School of Law, arguing that state courts "play a vital role in our federal system" and often provide protections that federal courts do not.
Chun, a judge on the U.S. District Court for the Western District of Washington, framed his remarks around three points: structural differences between state and federal systems, the critical democratic functions of state courts, and the value of judicial elections. He emphasized that state courts handle the vast majority of legal disputes Americans experience and described state judges as practical generalists who adapt common-law rules to new societal problems.
"While decisions of the US Supreme Court may set a floor," Chun said, "state courts can look to their own constitutions to provide greater protections above the floor." He cited historical examples — including California's Perez v. Sharp (1948), which struck down an interracial marriage ban before Loving — to show how state rulings have expanded rights ahead of federal decisions.
Chun outlined five key functions state courts perform: protecting individual interests under state constitutions; checking legislative and executive overreach; enforcing transparency and open-government laws; safeguarding voting access; and serving as a counterbalance to federal courts. He noted Washington-specific examples, including a state constitutional reading of free-speech and search protections and a trial-court ruling in Anderson v. King County that preceded later national developments.
On judicial selection, Chun acknowledged the risks of money and partisan influence in elections but argued they also provide democratic accountability and keep judges connected to their communities. He urged the audience — lawyers, students and citizens — to defend judicial independence and to help educate the public about courts' work.
The keynote closed with a call to civic action: "Choose an institution you care about, a court, a newspaper, a law, a labor union, and take its side," Chun said, urging attendees to sustain institutions that preserve the rule of law.
The symposium continued with panels addressing public trust, threats to judges and possible reforms to improve access and legitimacy.
