Daily Decisions: Jurisdiction of State Courts

In Newlon v. Alexander (Division 3, March 15, 2012), the Court of Appeals reviewed a Superior Court’s decision resolving a dispute between two divorced parents regarding the burial of their child’s remains.  The petitioner argued that the Superior Court lacked jurisdiction to resolve the dispute because Washington law vests county coroners with “jurisdiction” over the remains of certain deceased persons.

The Court of Appeals, while recognizing the grant of jurisdiction to county coroners, rejected the petitioner’s argument.  The Court explained:

[Petitioner’s] argument is premised on the proposition that the legislature must, or at least may, grant jurisdiction to the courts.  He is mistaken.  This is state court not federal court.

. . . . The state constitution specifically vests superior courts with jurisdiction in cases in equity, cases of divorce, and in “all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court.”

(citations omitted) (emphasis added).  The upshot of this “constitutional framework” is to “ensure[] that ‘subject matter jurisdiction . . . cannot be whittled away by statues.'”

Because the county coroner is not “some other court” and because the legislature did not vest it with exclusive jurisdiction, the Superior Court retained subject matter jurisdiction over the dispute.  The Court of Appeals therefore affirmed the Superior Court’s judgment.


One thought on “Daily Decisions: Jurisdiction of State Courts

  1. Pingback: Monday [word to be determined later, perhaps beginning with "M"?] | Ziff Blog

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s