Robert F. Utter

Robert French Utter (June 19, 1930 – October 15, 2014) was an American jurist.[1] He served on the Washington Supreme Court for 23 years, including 2 years as the Chief Justice. He was known for his opposition to the death penalty.

The Honorable

Robert French Utter
Justice of the Washington Supreme Court
In office
1971 (1971) – March 30, 1955 (1955-03-30)
Appointed byGovernor Dan Evans
Succeeded byRosselle Pekelis
Chief Justice of the Washington Supreme Court
In office
1979 (1979) – 1981 (1981)
Personal details
Born(1930-06-19)June 19, 1930
Seattle, Washington
DiedOctober 15, 2014(2014-10-15) (aged 84)
Olympia, Washington
Spouse(s)Betty Stevenson

Early life

Utter was born in Seattle, Washington, on June 19, 1930, to Besse and John Utter.[1] He attended West Seattle High School, where he first participated in the YMCA's Youth Legislature program.[1] Utter then went to Linfield College, before transferring to the University of Washington, graduating with a bachelor's degree in 1951. He then his law degree from University of Washington School of Law in 1954.[1]

Career

Utter served as a law clerk for Supreme Court Judge Matthew Hill after graduating from law school. He then served as the King County, Washington Juvenile Court commissioner from 1959 to 1964, before being elected as a King County Superior Court judge in 1964. In 1968, he was then appointed to the Washington Court of Appeals by Governor Dan Evans.[2]

In 1971, Evans appointed Utter to the Washington Supreme Court, where he served for 23 years. Utter served as Chief Justice of the Washington Supreme Court from 1979 to 1981. In 1978, Utter dissented from the majority opinion in State v. Riker, arguing that evidence that Riker suffered from "battered woman syndrome" should have been admitted in the case. His dissent was characterized as "establish[ing] a battered woman’s right to self-defense".[3][4]

On March 30, 1995, Utter resigned from the Court to protest the death penalty in the State of Washington.[1][n. 1] In his resignation letter to Governor Mike Lowry, Utter wrote "I have reached the point where I can no longer participate in a legal system that intentionally takes human life" and that "We are absolutely unable to make rational distinctions on who should live and who should die."[1] Lowry appointed Rosselle Pekelis to fill Utter's seat.[6]

Later life

Utter wrote law reviews and magazine articles and a book about the Washington State Constitution. After resigning, he worked on a University of Washington project in Rwanda dealing with how courts tried to approach justice in the aftermath of the Rwandan genocide, including talking with members of the United Nations’ International Criminal Tribunal for Rwanda as part of a team in 2008.[7][2][3]

In 2009, Utter wrote an op-ed in The Seattle Times reaffirming his opposition to the death penalty, writing that "[r]etaining the death penalty fails to serve either justice, public safety or the public purse."[8] After Governor Jay Inslee imposed a moratorium on state executions in 2014, Utter described it as an "overwhelming relief", saying that "all the past effort had not been wasted."[9][10]

Death and legacy

In 1997, the YMCA Youth and Government program in Washington named its highest award after him.[3] The "Robert F. Utter Award" is presented to individuals who "show consistent, outstanding and sustained contributions to the cause of civic leadership in Washington." Utter was the first recipient of the award.[11]

Utter died at his home in Olympia, Washington on October 15, 2014.[12] He was survived by his wife Betty as well as three children and four grandchildren.<ref name="Kaiman">

Notes
  1. In 2018, the Washington State Supreme Court declared that the death penalty was unconstitutional.[5]

References
  1. "Robert F. Utter: Justice's sailor". Washington Secretary of State. Archived from the original on 16 January 2019. Retrieved 15 January 2019.
  2. "Former Washington Supreme Court Justice Robert Utter dies". The Seattle Times. 2014-10-16. Retrieved 2020-07-27.
  3. Kaiman, Beth. "Robert Utter, former Washington Supreme Court justice, dies at 84". The Seattle Times. Archived from the original on 2017-12-19. Retrieved 2019-01-16.
  4. "State v. Riker". Justia Law. Retrieved 2020-08-05.
  5. "Washington Supreme Court Strikes Down Death Penalty Citing Racial Bias". American Civil Liberties Union. Archived from the original on 2018-12-24. Retrieved 2019-01-16.
  6. "Filing period expected to be quiet". Moscow-Pullman Daily News. Retrieved 2019-01-16 – via Google News Archive Search.
  7. Doyle, Margie (2014-10-17). "Orcas Issues: News & Views". Orcas Issues: News & Views. Archived from the original on 2019-01-16. Retrieved 2019-01-15.
  8. Utter, Robert F. (2009-03-11). "Washington state must abandon the death penalty". The Seattle Times. Retrieved 2020-07-27.
  9. "Gov. Jay Inslee announces capital punishment moratorium | Governor Jay Inslee". www.governor.wa.gov. Retrieved 2020-08-05.
  10. Shannon, Brad (February 17, 2014). "Death penalty doubts affirmed" (PDF). The Olympian – via Washington Courts.
  11. "Reed to receive Robert F. Utter Award". Washington Secretary of State. May 7, 2009. Archived from the original on 15 January 2019. Retrieved 16 January 2019.
  12. "Gallagher Law Library University of Washington School of Law-Justice Robert French Utter, 1930-2014". Archived from the original on 2015-06-12. Retrieved 2015-06-11.


Political offices
Preceded by
 Justice of the Washington Supreme Court
1971–1995		 Succeeded by
Rosselle Pekelis
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